QUESTION

Andrew is very concerned that the 'Annual Law Brawl' scheduled for 11 December goes smoothly, especially after the disastrous 'Run MQ' the previous month. The Annual Law Brawl is a curious event in which law academics swim in imported sparkling water and debate law reform. Nobody remembers the origins of the event, but it is well-attended by scholars from all over Australia. Legend has it that the scholarly debate is always livelier after scholars have swum in the sparkling water, and that law academics, being highly sensitive, can tell whether or not the water is imported, and whether it is still or sparkling. To prepare for the event, Andrew needs a swimming pool to be built. He phones Lise, a swimming pool builder. Andrew is careful in his phone call to Lise, where he describes the work to be done as "you will build a swimming pool with a 200 gigalitre capacity, lining it with Italian 'academic blue' tiles, finishing construction of the pool on or before 10 December 2022. Let's be clear that time is of the essence, I have an event organized on 11 December. You will fill the pool with Italian sparkling water". Lise agrees to do the job for the price of $100,000 payable in full upon completion of construction.

On 1 December, Lise sends Andrew an email attaching a picture of a bottle of Australian sparkling water that Lise intends to use to fill the pool on completion. The picture clearly shows that the bottle of sparkling water is from Australia. Andrew sees the attachment and feels very uneasy that he has not told her about the legend. Andrew phones Lise that same day and says "look, mate, I am going to terminate this contract". Lise replies, saying "don't be silly, the diggers have already done the groundwork, so the pool will be ready". Andrew decides not to say anything more about terminating and instead lets Lise continue with the work. Unfortunately, on 10 December, Lise admits that the pool's construction will take another 2 days. Andrew responds "I am now terminating this contract".

The Law Brawl goes ahead on 11 December, although the many scholars in attendance are disappointed that they cannot take their customary pre-debate swim. Lise is determined to claim the contract price of $100,000, and therefore still continues construction, finishing on 12 December. Lise does not bother to fill the pool up, since the event is over and she thinks that Andrew will want to fill it just before the next event happens. Andrew is annoyed that the Law Brawl took place with an empty pool and is refusing to pay the price to Lise. Despite this, he is happy that the pool is now finished and ready for next year's Law Brawl. Curious about whether he has been unwise in hiring Lise, on 13 December Andrew asks around for some quotes to build a pool to the same specifications. Jim's Pools quote $90,000 to build the empty pool, and an extra $30,000 to fill it with Italian sparkling water. Mo's Pools quote $92,000 to build the empty pool, and $30,000 to fill it with Italian sparkling water.

(a) Did Andrew validly terminate the contract? [15 marks]

ISSUE:

LAW:

Example case law:

APPLICATION OF PRINCIPLE:

CONCLUDING ADVISE:

(b) Can Lise claim anything for the pool? [9 marks]

The Answer must be in ILAC format with case reference.

ISSUE:

LAW:

Example case law:

APPLICATION OF PRINCIPLE:

CONCLUDING ADVISE: